It was and remains a crime (reading Section 26 of the Intelligence Service Act 65 of 2002) in my view that Michael Hulley, President Jacob Zuma’s lawyer, was in possession of classified state intelligence material at the time he presented the so-called spy tapes to the National Prosecuting Authority law enforcers Sibongile Mzinyathi and Willie Hofmeyer. Michael Hulley presented these tapes to Mzinyathi and Hofmeyer on the instructions of his client Jacob Zuma and therefore Jacob Zuma also possessed the tapes with Hulley at the time.
Section 26 (1) reads:
A person commits an offence if he or she –
(a) Not being a member –
i. by words, conduct or demeanour pretends that he or she is a member;
ii. encourages a member not to carry out his or her duty or perform any act in conflict with his or her duty;
iii. discloses classified information or material entrusted to him or her by the Director-General, the Chief Executive Officer or a member without the permission of the Director-General or Chief Executive Officer as the case may be;
It is a criminal offence to make intelligence officers to act in conflict with their duty in making them to release classified information like it happened in Jacob Zuma’s case and or to possess state classified information produced by the state intelligence agencies without authorisation (they never claimed authorisation).
This crime of possessing the spy tapes was used to justify the withdrawal of more than 700 instances of crimes allegedly committed by President Jacob Zuma. A crime was used to absolve the prosecution of other crimes by one and the same person.
President Zuma became thus President of the African National Congress (ANC) and the Republic of South Africa (RSA) on the back of a crime; criminally obtained state intelligence information. Sibongile Mzinyathi, Willie Hofmeyer and Mokotedi Mpshe through their involvement in using crime to absolve crime became accessories to the crime of Michael Hulley and Jacob Zuma possessing the spy tapes when they neglected to act on their knowledge of the crime committed by Jacob Zuma and Michael Hulley.
They actually aided and assisted the continued commission of the crime by having listened to the spy tapes, making notes of it, reporting on it in the meeting between themselves and then requesting the state intelligence institutions to declassify the tapes and then using it to withdraw the criminal cases against Jacob Zuma.
The result of all these alleged criminal acts by Hulley, Zuma, Mzinyathi, Hofmeyer and Msphe was prestige, wealth and prosperity accruing to now President Jacob Zuma, his wife’s, children, clan, friends and associates. Mpshe did also not do badly for himself because the Minister of Justice and Constitutional Development Jeff Radebe went out of his way to get him a job as a judge.
Whether President Jacob Zuma is guilty or not of having committed the crimes as formulated in the criminal charges withdrawn by Mokotedi Mpshe against him before he ascended to power in Polokwane is not so much the issue here. What is the issue is that another crime was committed to stop his prosecution; the crime of criminally possessing classified state information without written delegated authority.
The fact that this crime of possessing the spy tapes are not being investigated and prosecuted to date is the real evil. It is an indictment against our state and government and it clearly robed and or dressed the South African State and Government administration for all to see as the mafia. We are under President Jacob Zuma a Gangster State: A criminal organisation intend to self enrich itself breaking the law and everyone who stands in their way and get away with it 100%.
This mafia symbolism of President Jacob Zuma and his praise singers and assassins (those who would sing, shout and kill for him to be re-elected in Mangaung 14 to 16 December 2012) has penetrated deep into the private and public sector of South African society.
The Marikana, Lenasia, Khayelitsha mayhem, appointment of dishonest, illiterate and or unskilled persons above capable, honest and hard working people at municipal, provincial and national government level, corruption, rape, murder, violent civil service protest and generally an escalation of disregard for the law even inside the police and or the judiciary is drawn from the symbolism that crime pays and President Jacob Zuma through all the above has come to symbolise this.
Anyone who is blind to see that the commission of a crime (possession of spy tapes) was used to absolve prosecution of crimes (criminal cases against Jacob Zuma dropped by Mokotedi Mpshe) creating billions in rand value for President Jacob Zuma and his faction is either selfish for own gain or is a psychopath in my view.